Monday, April 11, 2011

More than 250 of America's most eminent legal scholars have signed a letter protesting against the treatment in military prison of the alleged WikiLeaks source Bradley Manning, contesting that his "degrading and inhumane conditions" are illegal, unconstitutional and could even amount to torture.

The list of signatories includes Laurence Tribe, a Harvard professor who is considered to be America's foremost liberal authority on constitutional law. He taught constitutional law to Barack Obama and was a key backer of his 2008 presidential campaign.

Tribe joined the Obama administration last year as a legal adviser in the justice department, a post he held until three months ago.

He told the Guardian he signed the letter because Manning appeared to have been treated in a way that "is not only shameful but unconstitutional" as he awaits court martial in Quantico marine base in Virginia.

The US soldier has been held in the military brig since last July, charged with multiple counts relating to the leaking of thousands of embassy cables and other secret documents to the WikiLeaks website.

Under the terms of his detention, he is kept in solitary confinement for 23 hours a day, checked every five minutes under a so-called "prevention of injury order" and stripped naked at night apart from a smock.

Tribe said the treatment was objectionable "in the way it violates his person and his liberty without due process of law and in the way it administers cruel and unusual punishment of a sort that cannot be constitutionally inflicted even upon someone convicted of terrible offences, not to mention someone merely accused of such offences".

The harsh restrictions have been denounced by a raft of human rights groups, including Amnesty International, and are being investigated by the United Nations' rapporteur on torture.

Tribe is the second senior figure with links to the Obama administration to break ranks over Manning. Last month, PJ Crowley resigned as state department spokesman after deriding the Pentagon's handling of Manning as "ridiculous and counterproductive and stupid".

The intervention of Tribe and hundreds of other legal scholars is a huge embarrassment to Obama, who was a professor of constitutional law in Chicago. Obama made respect for the rule of law a cornerstone of his administration, promising when he first entered the White House in 2009 to end the excesses of the Bush administration's war on terrorism.

As commander in chief, Obama is ultimately responsible for Manning's treatment at the hands of his military jailers. In his only comments on the matter so far, Obama has insisted that the way the soldier was being detained was "appropriate and meets our basic standards".

The protest letter, published in the New York Review of Books, was written by two distinguished law professors, Bruce Ackerman of Yale and Yochai Benkler of Harvard. They claim Manning's reported treatment is a violation of the US constitution, specifically the eighth amendment forbidding cruel and unusual punishment and the fifth amendment that prevents punishment without trial.

Researchers said Sunday they had solved a conundrum about human perception that has stumped philosophers and scientists alike since it was first articulated 323 years ago by an Irish politician in a letter to John Locke.

Imagine, William Molyneux wrote to the great British thinker, that a man blind from birth who has learned to identify objects -- a sphere and a cube, for example -- only through his sense of touch is suddenly able to see.

The puzzle, he continued, is "Whether he Could, by his Sight, and before he touch them, know which is the Globe and which the Cube?"

For philosophers of the time, answering "Molyneux's question," as it was known ever after, would resolve a fundamental uncertainty about the human mind.

Empiricists believed that we are born blank slates, and become the sum total of our accumulated experience.

So-called "nativists" countered that our minds are, from the outset, pre-stocked with ideas waiting to be activated by sight, sound and touch.

If a blind man who miraculously recovered his sight could instantly distinguish the cube from the globe it would mean the knowledge was somehow innate, they argued.

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Roots

Revelation 13

And I stood upon the sand of the sea, and saw a beast rise up out of the sea, having seven heads and ten horns, and upon his horns ten crowns, and upon his heads the name of blasphemy...

...And they worshipped the dragon which gave power unto the beast: and they worshipped the beast, saying, Who is like unto the beast? who is able to make war with him?...

Mark 13

And when ye shall hear of wars and rumours of wars, be ye not troubled: for such things must needs be; but the end shall not be yet. For nation shall rise against nation, and kingdom against kingdom: and there shall be earthquakes in divers places, and there shall be famines and troubles: these are the beginnings of sorrows.